tv CNN Newsroom CNN August 7, 2013 8:00am-9:01am PDT
8:00 am
good morning, everyone. i'm ashleigh banfield. good to have you with us. i want to begin in southern california where a desperate father is waiting to learn the fate of his two kids. 16-year-old hannah and 8-year-old ethan anderson went business hadding after their mother was killed and her body and the body of an unidentified child were found burned in a home. brett anderson made an impassioned plea to the man accused of killing that woman and abducting his children.
8:01 am
have a listen. >> jim, i can't fathom what you were thinking. the damage is done. i'm begging you to let my daughter go. you've taken everything else. hannah, we all love you very much. if you have a chance, you take it. you run. you'll be found. >> cnn's paul vercammen is covering the story live in san diego. paul, it's not hard to miss that that father did not mention the name of his son ethan in that appeal. do we know anything about the whereabouts of ethan? >> reporter: well, this is what we do know. a law enforcement source told me that the remains found inside the home are consistent with those of the 8-year-old boy. as you indicated the father both here at the sheriff's office and last night had alluded to hannah, his daughter coming home, but did not make the same reference to ethan.
8:02 am
so we have to see. we know they also say that right now, jimdy manualio is charged with one murder and possibly could be charged with two. so it remains to be seen when they will go ahead. the coroner will come out and officially identify the remains of the child found inside the home. >> paul, can you explain this usual relationship? it's not as though jim dimaggio isn't known to this family. what is the nature of the relationship between them? is. >> reporter: well, he's very well-known to this family. many friends and relatives have suggested that jim dimaggio and the family had known each other for 20 years, that he had known both children since their birth. it was not uncommon for them to visit him in the town of boulevard which is near the san diego, mexican border about, i'd say, an hour southeast of here. they say that the relationship was so close, that they considered him to be al uncle.
8:03 am
so right now, this looks to be a case, they are alleging, of absolutely horrific betrayal. that's what has so many friends and relatives upset. one woman, a friend of the family told me that the family had been extremely extremely good to jim and at one point, he had lived with one of the grandparents in this saga that keeps unfolding >> and the amber alert continues for hannah and ethan despite that very sad information that you shared with us, paul vercammen continues to cover the story for us live. thank you. happening right now, taking you live now after a decade of unspeakable horrors taking place within its walls, a demolition crew is tearing down the house where ariel castro held amanda berry, michele knight and gina dejesus captive. some of the images that came to us this morning really quite alarming. michele knight actually came to the location to watch this much terrible reminder of her ordeal
8:04 am
come crashing down. ariel castro agreed to have the house demolished as part of a plea deal that gave him life in prison plus 1,000 years and took the death penalty off of the table. our martin savidge live in cleveland, ohio, for us now. i think a lot of people, martin, were surprised to see michele knight show up there today. give me a bit of a feel for what she had to say and what the mood was like. >> you know, i wasn't that surprised that she was here, in fact, i thought at least one of the young women would show up. and you know, as strange as that might seem, this house still holds an attraction to them for many, many complicated reasons. michele came, though, this morning to basically say thank you to the community that has supported her. the neighbors that were there that day when she was pulled from that home. and so that was her reasoning. she is such a powerful woman in
8:05 am
the aftermath of this. and i think many are surprised because we thought initially she might be the most fragile. listen to some of what she had to say. >> give missing people strength and power to know that they are loved. we hear their cries. they are never forgotten in my heart. they are caterpillars waiting to turn into a butterfly. why it was important to be here today is because nobody was there for me when i was missing. and i want the people out there to know including the mothers that they can have strength, they can have hope. and their child will come back. >> reporter: and then there was another interesting moment as the aunt of gina dejesus was allowed to climb into the cab of the excavator and using its massive claw, deliver the first blow that crushed the roof of the home. so again, the family seeing this as a moment of both triumph and closure, certainly the whole street sees it that way and
8:06 am
they're just you have about done actually. >> i was astounded to see her there, simply astounded after having gone through 11 years of torture that she would go back to the place where those horrifying memories were forged. amanda berry also went back to get those pictures that her young daughter, that she bore in captivity apparently those pictures were in the house. more about ariel castro. a lot of people are saying he'll get his in prison. but he is more than likely going to spend a long time in solitary in protective custody. isn't he? >> reporter: he is. in fact, that's where is he right now. he's being kept away from the general population. he's moved out to grafton,ing ohio, a receiving area for the ohio penitentiary system going through a number of evaluations, physical and mental. what will authorities are going to do is figure out what is the right facility in the state of ohio to warehouse him for the rest of his life.
8:07 am
and there are a number of those facilities that are specifically for violent sex offenders, but that decision hasn't been made yet. but the his family's very worried that he might become a trophy to somebody else behind bars if he were an you loed to mix with the other prisoners. >> not sure there would be a lot of sympathy, honestly, it's happened before. and most people say sadly or not, good riddance. martin savidge live for us in cleveland at the house of horrors which hopefully no one will have to visit ever again. thank you. want to get you up to speed on some of our other top stories. the white house announcing this morning that president obama has canceled talks with russian president vladimir putin scheduled for moscow next month. this is a move that will tos russia's decision to grant asylum to the nsa leaker edward snowden. mr. obama has decide however, that heal attend a g-20 summit scheduled in st. petersburg next month. a massive fire shut down the
8:08 am
international airport in asht in kennate an ta international airport. these were posted by kenya's red cross on twitter. fire engulfing the airport's entire international terminal. the good news though, no shlt cas reported in this inferno. kenya airways says they have been able to resume some of the flights out of that airport. a government spokes bern says he does not know what caused this fire. yet, they are not ruling anything out at this time. a strange one. two florida mayors busted, arrested, cuffed and led away all because of bribery charges. miami lakes mayor michael peasy and sweet water mayor manual murano were arrested by the fbi on tuesday following a two-year investigation. the authorities say they accepted thousands of dollars in bribes in separate schemes. both of them have been suspended by florida's governor rick
8:09 am
scott. just ahead, usher's son is rescued from a swimming pool but that's the good news. the bad news is the boy's mother says the singer is not parenting properly, and she is filing an emergency custody hearing, and our legal team is going to take this issue up next. a regular guy with an irregular heartbeat. the usual, bob? not today. [ male announcer ] bob has afib: atrial fibrillation not caused by a heart valve problem, a condition that puts him at greater risk for a stroke. [ gps ] turn left. i don't think so. [ male announcer ] for years, bob took warfarin, and made a monthly trip to the clinic to get his blood tested. but not anymore. bob's doctor recommended a different option: once-a-day xarelto®. xarelto® is the first and only once-a-day prescription blood thinner for patients with afib not caused by a heart valve problem, that doesn't require routine blood monitoring. like warfarin, xarelto® is proven effective to reduce the risk of an afib-related stroke.
8:10 am
there is limited data on how these drugs compare when warfarin is well managed. no routine blood monitoring means bob can spend his extra time however he likes. new zealand! xarelto® is just one pill a day, taken with the evening meal. and with no dietary restrictions, bob can eat the healthy foods he likes. do not stop taking xarelto® rivaroxaban without talking to the doctor who prescribes it for you. stopping may increase your risk of having a stroke. get medical help right away if you develop any signs or symptoms of bleeding, like unusual bruising or tingling. you may have a higher risk of bleeding if you take xarelto® with aspirin products, nsaids or blood thinners. talk to your doctor before taking xarelto® if you currently have abnormal bleeding. xarelto® can cause bleeding, which can be serious, and rarely may lead to death. you are likely to bruise more easily on xarelto®, and it may take longer for bleeding to stop. tell your doctors you are taking xarelto® before any planned medical or dental procedures. before starting xarelto®, tell your doctor
8:11 am
about any conditions, such as kidney, liver or bleeding problems. ready to change your routine? ask your doctor about once-a-day xarelto®. for more information including cost support options, call 1-888-xarelto or visit goxarelto.com. saving time by booking an appointment online, even smarter. online scheduling. available now at meineke.com.
8:12 am
an ugly custody battle is brewing, and it's between a superstar singer, usher, and his ex-wife. it's unfolding once again, in fact. we've been here before, but now we have a new incident. the 5-year-old son of usher named usher raymond v was swimming at his home in atlanta on monday and almost drowned. apparently his arm got caught in the pool drain and usher's aunt and a housekeeper noticed the accident. they were able to get that child out, but it was a sound technician who was doing work at the house who was able to facilitate the rescue. take a listen to the aunt's frantic call to 911. >> my nephew was in the pool, and he -- he went. i couldn't get him in. i couldn't -- i couldn't get him. i tried to get him. and they got him out.
8:13 am
they're doing cpr on him. he's 5 years old. >> okay, stay with me. is he breathing? >> huh. >> is he breathing? >> is he breathing? is he breathing? >> he is. >> he's breathing, yes, ma'am. >> just harrowing to hear that. usher won primary custody of his two sons with ex-wife tameka foster last year. and that custody fight was brutal and very public. cnn has just learned that she has filed a motion for an emergency custody hearing because of this pool accident. and both parties have been ordered to appear before a judge on friday afternoon of this week. last night, piers morgan spoke to star jones, a former prosecutor who has interviewed usher and foster before. piers asked her if this incident could have an effect on usher's escustody. >> whatever there's a custody battle the court has already decided who is the more responsible parent to have
8:14 am
primary custody. and unless you can show recklessness, negligence or some sort of abuse, they are allowed both to go ahead and disturb that custody. >> i want to bring in danny cevallos and former prosecutor randy zelin. danny, do you agree with star jones? it's just about the recklessness and the abuse or negligence that could change everything here, or could that actually be proven with the circumstances that we have seen unfold? >> she's right. there has to be some wrongdoing. i mean, it's not enough to show that an accident happened. the mom would have to show that it's something that was reckless, someone did something wrong. this may have been a freak accident. there's no way to prevent that. but going forward, there are more allegations in this petition, specifically that he's never around, that he's gone almost 85% of the time and it's because he is never around, that
8:15 am
is why he leaves the children in other caregivers who have not been approved and often the mom doesn't even know who they are. this is what we call a petition based on changed circumstances. she's looking for a modification to change custody because she feels that usher isn't getting the job done. >> there are a lot of complaints that miss foster makes, randy zelin, in her complaint and obviously this will be reviewed by the court. among them, she's suggesting she's not getting some of the time that she's requesting when usher is away on those alleged 85% of the time, those days where he's away. and that those children are in the custody of family members or nannies, et cetera. isn't every parenting plan kind of garden variety in stating who gets the right of first refusal to look after the children in the absence of the custodial parent? >> i mean, certainly there are boiler plates as we like to call them, but every case stands on its own.
8:16 am
and when parties have attorneys, the attorneys spend a lot of time negotiating. so you could have all different kinds of custody agreements. you can have agreements on who gets to determine what, sometimes both parents get to determine something like medical, things like school. other times the parent with custody. so i can't say it's cookie cutter. but what's interesting here, you talk about changed circumstances, usher did not become a star yesterday. he's been a star for quite some time. i don't think his travel schedule has changed. the commitments attended to being a star have changed. which means that the judge knew about usher and his travel commitments and his life when he awarded usher custody. so this is why we have an adversarial process. i'm very curious what he has to say about this. >> we will likely hear something because tamim ca foster and usher have been ordered to appear at the hearing on friday.
8:17 am
i want to note before i let you go on this top tick, tamim ca foster had a son who died last year. apparently it was an accident involving i think a tubing accident. if anybody knows what it is, it's going behind a boat and riding along a jet ski hit that tube and her son was killed north of georgia on a lake last year. whether that would end up in this new hearing or not remains to be seen. but this is a very sad story all around. except for the fact that that child is recovering and so we're very happy to report that the child is recovering. danny and randy, thank you for the comments. stay where you are. i've got a couple other cases to discuss with you later in the hour. first, however, everybody knows being treated for cancer is difficult and painful, uncomfortable. how about a doctor arrested for dishing out extra chemotherapy treatment to cancer patient who's didn't even need it? holy moly. find out why and how he was caught.
8:18 am
next. female announcer ] the best thing about this bar it's not a candy bar. 130 calories 7 grams of protein the fiber one caramel nut protein bar. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health. one a day men's 50+. we do? i took the trash out. i know. and thank you so much for that. i think we should get a medicare supplement insurance plan. right now? [ male announcer ] whether you're new to medicare or not, you may know it only covers about 80% of your part b medical expenses. it's up to you to pay the difference. so think about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they help cover some of what medicare doesn't pay
8:19 am
and could really save you in out-of-pocket medical costs. call now. with a medicare supplement plan, you'll be able to stay with your doctor. oh, you know, i love that guy. mm-hmm. [ male announcer ] these types of plans let you visit any doctor or hospital that accepts medicare patients. and there are no networks. you do your push-ups today? prepare to be amazed. [ male announcer ] don't wait. call today to request your free decision guide and find the aarp medicare supplement plan to go the distance with you. go long.
8:21 am
the allegations that i'm about to tell you about involving a michigan doctor are pretty electrifying. among them, it's a doctor accused of keeping cancer patients on chemotherapy longer than they needed to be. also, misdiagnosing patients on purpose so that he could make more money by treating them. heather ca tell from wxyz has the details. >> exclusive video from the seven action news investigators only our camera was there tonight as fbi agents rolled out several carts stacked with box after box of evidence. the feds started raiding michigan hematology oncology in rochester hills early this morning where they arrest this had man, dr. farid fata. federal agents searched his house in oakland township as well as his other offices in clarkston and bloomfield hills. the fbi also took evidence from his united diagnostics down the street from his oncology office.
8:22 am
the allegations against dr. fata are shocking. he is charged with health care fraud including allegations his practice submitted $35 million in false medicare claims. what's worse, federal agents say in court records that dr. fatah allegedly kept patients on chemotherapy longer than necessary to cash in on the billings. agents an llg fata also directed patients be diagnosed with cancer in their meblgd charts even when they did not have the disease. fbi agents say he kept end of life patients on chemounnecessarily. >> i think it's terrible. if he's giving them therapy and they didn't have cancer. >> 85-year-old pat is fighting cancer in her lungs and liver and is shocked her doctor was arrested today. >> it's very upsetting because i really liked him. >> i trust him. >> are you going to get a second opinion now? >> yes, i am. >> terry mitchell did not want us to show her face. after more than seven years of
8:23 am
treatment with the doctor, she's starting to doubt her diagnosis. >> i can't understand. i've talked to many people and they say well, why are you still on. it or the last seven years? because he told me at the beginning it would be a year of treatment and two years of maintenance. >> it's clear from court records that current and former employees have turned into inforents, concerned about what was happening to patients. one described working for fata as "living with this hell," but nothing the feds can say will convince sally kelly the doctor she calls gentle and loving could have harmed anyone. >> i don't believe a word of it. i have total faithing >> our thanks to heather cotell low from wxyz for that story. coming up, major nidal hasan makes a big fat admission in court. i shot and killed my fellow soldiers as the ft. hood. now he's facing some of the survivors that have shooting and the witnesses in that courtroom,
8:24 am
8:25 am
and you wouldn't have it any other way. but your erectile dysfunction - you know, that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial.
8:27 am
bring you out of ft. hood, texas, this is this is very significant death penalty trial going on involving march nidal hasan after a mass shooting at that post. hasan is representing himself and had an opening statement as his defense counsel saying the evidence will clearly show that i'm the shooter. not the best way to open your own murder trial when you're facing the death patent penalty. as it turns out, he was right. the counsel that backs him up even though he's counsel for himself, he does have to have a shadow counsel have decided enough. enough of this. it is a circus. they have filed an emergency motion in this court case to say he is facilitating his own death penalty. so this is a remarkable turn of events. ed lavandera is covering this trial live at ft. hood. you broke the news about that is
8:28 am
astounding opening statement from defense counsel and defense -- and the defendant himself yesterday on this program at this time. and now this. has everything shut down or are we awaiting sort of the results of this motion? >> we're at a standstill right now. yesterday's opening statement should have been a clear indication this was not going to be your average ordinary murder trial. and things were not going to go smoothly as planned here. clearly that's what we've seen. the testimony today or the court hearing today started about 40, 45 minutes late and we got there, the jury was not in the room. no witnesses had been called so far. and this is because the lawyers that are sitting next to major nidal hasan, hasan is acting as his own attorney but has this counsel to the side that can provide advice to him. they have now filed a motion with the judge basically saying they don't want to help him. these are their words from this morning's hearing, don't want to help him in achieving his goal
8:29 am
of receiving the death sentence. it is not something a legal team should have to do. and this has brought everything to a standstill. the judge now meeting with the attorneys on both sides presuming trying to figure out what to do next here. clearly, the very attorneys assigned by the military to help him along the way for procedural advice and that sort of thing beak saying they think that will major nidal hasan is essentially trying to help the prosecution to insure that he get the death penalty and sentenced to death and that is something they do not want to stand by and watch happen. so where we go from here is a huge question. we'll continue to follow that. ashleigh? >> i'll say. the very least of which ineffective assistance of counsel when you're your own encounsel leading yourself down the death path. i wanted to ask you some of this. we're barred from being in the courtroom and even seeing this sergeant as he will steps foot, i guess he doesn't step foot.
8:30 am
he flies in every day in a helicopter on to this post. but i wanted to ask you about something i read. it was chilling. alonzo lunsford's account of what it was like when he was shot allegedly by needsal hasan. this is what he said. he had a laser on his weapon and it goes across my line of sight and i blink and in than time, he discharges his weapon the first round, i'm hit in the head. second shot apparently caught him in the back. he tried to play dead. and then made a completely different skigs decision and ran for it and was shot five more times even outside as he was receiving first aid. what is it like for staff sergeant lunsford and all of the others to be in that courtroom and face this man and what is this man like when he sees them? >> you know, we heard from a lot of these witnesses leading up to this who said you know, they would be able to handle that situation and they would do the best they can. but obviously clearly they're
8:31 am
highly anticipating what kind you have reaction it would be like and what it would come to when it was time for them to testify and when it would be time for major hassan to cross-examine them. staff sergeant lunsford was not cross-examined when major hasan was given a chance yesterday to ask him questions. he passed on the opportunity. major hasan asked very few questions of almost about a dozen witnesses on the witness stand yesterday. so it was clearly going to be as his own advice counsel is saying, he was just kind of standing by and letting prosecutors get every word in throughout the day yesterday, which learly led to the situation that we're at here today. but i just want to be clear and clarify one thing. there is a limited number of seating inside the courtroom reserved for news media every day. this building you see behind me is set up for the bigger crowd of news media to watch on a circuit feed we have set up there. after all of this has happened, that feed has gone quiet and the
8:32 am
judge is meeting with the attorneys now. so nothing that we can see. we're standing by to wait and see what's going to happen next as the judge is meeting with attorneys and trying to figure out how this trial proceeds. >> and i'm just curious. i don't know, i don't think anybody can answer it at this point whether there is going to be a competency issue that's reordered. another reexamination of whether this man is able to understand the charges against him and assist in his defense. that's a big part of competency and it clearly doesn't sound like he's assisting in his defense. let us know if you get some resolution on this motion. this is critical in this death penalty case. ed lavandera doing an incredible job in a difficult situation. when we come back, digging up the past. to learn the truth about now. florida leaders have finally approved the exhuming of child graves at a closed state school for former students who claim that guards raped them, abused
8:34 am
i'm gonna have to ask you to power down your little word game. i think your friends will understand. oh...no, it's actually my geico app...see? ...i just uh paid my bill. did you really? from the plane? yeah, i can manage my policy, get roadside assistance, pretty much access geico 24/7. sounds a little too good to be true sir. i'll believe that when pigs fly. ok, did she seriously just say that? geico. just a click away with our free mobile app.
8:36 am
of this is a bit tough to actually believe, and if you believe it, it's real tough to stomach it. but more than 100 children disappeared while attending a now defunct reform school in the florida panhandle. all of this happened between 1940 and 1960. so today, researchers are digging up unmarked graves to try to find these disappeared children and maybe even unearth some of the secrets of what happened to them. the governor of florida, rick scott, and the rest of the florida cabinet have all decided to vote to allow the authorities to exhume the graves near the school for boys. that was a school that was plagued by stories of beatings and abuse and believe it or not,
8:37 am
killings. you might say murders. and now the families of those who just vanished are hoping to finally get some closure in this case. cnn affiliate wtsp's preston rudy has the details. >> reporter: thomas was 13 years old when he died at dozier in 1934. state records don't say where he's buried. researchers will now be given the chance to find his remains along with those of 20 other boys who also died at the school but can't be located. the backdrop to the story, former students continue to make accusations that state guards raped, tortured and even murdered boyce at the school. >> we all know dozier has a history, part of our florida history that we're probably not proud of. we're not exactly sure what happened there. but we know it wasn't good. and it's something that we as floridians cannot ig in. >> in a state as old as florida is, we're going to having cap teres in our history that we're more proud of than others but there is no shame in searching
8:38 am
for the truth. >> reporter: already, usf has exposed troubling facts about dozier closed in 2011 using radar, they found more gravesites at dozier than previously reported. they found at least 98 deaths occurred at the school between 1914 and 1973 which is 17 more than previously stated. plus researchers have identified discrepancies in records regarding the cause and manner of death reported for several boyce. >> any comments or objections? oo hearing none, the motion carries. >> reporter: they will find more bodies and dozier school's story will spill out onto the newspaper and all of its sordid past and we'll get it back in the history book where it should be and it will never happen again. >> that was reporter preston rudy from wtsp. california's prison crisis is putting communities at risk. that's from one parole
8:39 am
8:41 am
8:42 am
either move them around mof them out of state or move them out and let them go by the end of the year, five months away. here's where it gets uncomfortable and frightening. the law requires convicted sex offenders to go to local instead of state prisons. apparently those prisons are real overcrowded, too. these offenders are arrested for parole violations and often spend about i don't know, 24 hours behind bars before they just end up released again because there's no space. cnn's investigative correspondent drew griffin is keeping them honest. >> reporter: it's early on a tuesday evening in stockton, california. parole agents are arresting 41-year-old jack turner. described by agents as someone with an extensive history of sexual violence. tonight though, his only problem is the gps monitoring ankle bracelet he is required to wear has run out of power.
8:43 am
it is a parole violation, not at actual crime. but he is still tracked down, found on the streets of stockton by agents who know his usual hangouts. taken to a jail where less than 20 hours later, not even a full day behind bars -- jack turner is led out. >> put your left foot up. >> he may be a sexual offender. he may have a dangerous past. but turner knows, violating parole in the state of california means almost nothing to him. >> how many times do you think you've gone through this parole violation rodure? >> last week, be this week, last week, the week before that, probably before that, so they know me real well here. so i'm always -- >> is it always the same, come in, spend a night, come out. >> spend the night, come out. >> reporter: in stockton, california this convicted sex offender has no real incentive to follow any rules of his parole which is why parole supervisor susan cane is trying
8:44 am
to sound the alarm. she is speaking out against the state's wishes. saying she believes the public is not safe. she says she's speaking out for herself, personally and not the department of corrections. >> in all my years of law enforcement, over 30 years, i for the first time feel at a total loss. that i can honestly say we do our job, we do the very best job that we can. but we can't protect the community with this. we can't protect them from these sex offenders because they get out of jail the next day. >> reporter: how did this happen? two words. prison overcrowding. there's simply not enough room to keep people in jail. the state of california tried to solve its own prison overcrowding by passing a bill called ab-109. backed by the governor jerry brown. it called for a realignment of where criminals serve time.
8:45 am
low level offenders and especially parole violators would no longer come to state prisons. they would instead go to county jails. but in san joaquin county, a jail is already under a court order to relieve its own overcrowding. according to undersheriff john piccone, the state dumped its problem on the county and the county is now dumpingal cs on the streets. >> so no matter what the state or the governor says are the county's duties in terms of handling these parole violators, you just have no room? >> the overcrowding situation is such that we can't afford it. we can't keep them here because of the court order. so we have to follow the court order. >> reporter: in this county, it is judge richard jewell who makes those decisions about who stays behind bars and who doesn't. on the day we met him, he had released four inmates, ten the day before. amazingly, he admits, they
8:46 am
shouldn't be on the streets. >> are you comfortable with who is being released? >> i'm not comfortable releasing anybody. i think it's an unfortunate reality, and we do the best that we can by prioritizing the people that we do release. >> parole violators like jack turner are usually the first to go. susan kane says parolees is especially sexual predators know they can get away with almost anything. >> i even had a parolee who was upset last week because we arrested had i am for being around minors when he's a child molester. he says i'm going to be in jail one night and when i get out, i'm going to make your life miserable. >> this past february, sidney diavalla a convicted sexual offender was picked up by police. not knowing what to do, they brought the homeless man to the
8:47 am
home of his grandmother. it was februaryth. >> 911, what is your emergency? >> yes, the police just brought this button sidney jerome out to my house about an hour ago and told him not to go back out no more and they leave him alone. he sneaked out again. now he's tearing up my property and my car. >> was she scared of him? >> yes, she was. >> stephen is his uncle. he says his mother was the only person in the family who still held out any hope for his nephew, but in february, he began to frighten even his own grandmother. on february 13th, he was arrested yet again, the 16th time for violating his parole. he had cut off his gps ankle bracelet. to stephen russell, it was a relief. >> you guys taught he was in prison? >> yeah, he was in jail. and he had a violation of parole, failure to register as a
8:48 am
sex offender. he kept taking the tracking device, removing the tracking device so when he was picked up, we knew he was going to get some time and so there was a big relief. >> the relief was short-lived. diavala's 16th parole violation was considered not enough to hold him in a crowded jail. the judge made the decision and for the 16th time, diavala was released. >> what happened after that? >> he went over to my mother's house and killed her. he killed her and he left her body in the backyard in a wheelbarrow. he raped her, he murdered her. and he robbed her. >> reporter: the state department df corrections says overall, its new policy is working well. but it's second in command says perhaps the judge was at fault for releasing diavala. >> i do, you know, consider the judge's position on then and not
8:49 am
knowing, i wouldn't second-guess all the difficult decisions that he has to make, but there were perhaps some attributes about that particular case or that individual that should have been given more consideration and some weight in the determination. >> stephen russell found his mother in the backyard. police found diavala on the streets. he has been charged with murder and rape and technically, his 17th parole violation. he's entered a plea of not guilty. >> our thanks to cnn investigative reporter drew griffin for that report. california's governor jerry brown would not comment on this be to cnn but an official at the department of corrections says that the real problem is that judges feed to do a better job of prioritizing who gets out and who doesn't. you can always reach out to the cnn's investigative unit. go to cnn.com/investigate. coming up next, an amazing
8:50 am
survival story, a woman who receives a kidney transplant as a young girl goes on to become a young woman who is a transplant surgeon. she is the focus of the story you're going to hear about next. ♪ there's a new way to fight litter box odor. introducing tidy cats with glade tough odor solutions. two trusted names, one amazing product.
8:51 am
these chevys are moving fast. i'll take that malibu. yeah, excuse me. the equinox in atlantis blue is mine! i was here first. it's mine. i called about that one. it's mine. customers: [ echoing ] it's mine, mine, mine. it's mine! no, it's not! it's mine! better get going. it's chevy model year end event. [ male announcer ] the chevy model year end event. the 13s are going fast. time to get yours. right now, get this great lease on a 2013 chevy malibu ls for around $169 a month. like carpools... polly wants to know if we can pick her up. yeah, we can make room. yeah. [ male announcer ] ...office space. yes, we're loving this communal seating. it's great. [ male announcer ] the best thing to share? a data plan. at&t mobile share for business. one bucket of data for everyone on the plan, unlimited talk and text on smart phones. now, everyone's in the spirit of sharing.
8:52 am
hey, can i borrow your boat this weekend? no. [ male announcer ] share more. save more. at&t mobile share for business. ♪ the beach on your tv is much closer than it appears. seize the summer with up to 50% off hotels at travelocity. i really, really like these stories especially if we can be positive in the news and this
8:53 am
one is great from recipient to resident. dr. silka beat the odds of getting a transplant as a kid and became and transplant surgeon herself. dr. sanjay gupta has the story. >> she's transplanted more than a hundred kidneys. it's what she's wanted to do for as long as she can remember. >> i was interested in being a doctor at age four. >> by the time she was eight, she was in the fight for her life. >> i started having blood in my urine and we couldn't couldn't figure out why. it came on so acutely. >> she was diagnosed with a relatively common kidney disease that caused severe inflammation. >> by the time i was 11 i had to start on dialysis. >> she received a new kidney and it worked immediately at first. >> a week later i had my first
8:54 am
rejection episode. >> a second and a third. all of it within a month. >> they said the kidneys had so many rejections it will probably never work. >> on average a donor kidney lasts about ten years and doctors gave her kidney a 50/50 chance. she was not about to give up. she became the first child to try an experimental drug and it worked. >> i had something that i wanted to do. that was to be a transplant surgeon. >> after high school she and her family moved to the united states so she could go to medical school and pursue the dream. >> the kidney was not working at a few moipoints in time. i walked away 24 years later with excellent kidney function. >> that allowed her to fulfill another dream to have a baby with her husband, john. she had a high risk pregnancy. she developed anemia and high
8:55 am
blood pressure. in june he was born. he was early due to complications but he was healthy. >> if you have a goal all your life and something gets in your way, set yourself a goal and work towards that goal and you'll get that. you have something that doesn't let you give up. >> dr. sanjay gupta, cnn. >> you can make an point to watch sanjay gupta md every saturday at 4:30 eastern preside. what do you get when you cross a weiner with a chesty madame? you get our next story. mom, dad told me that cheerios is good for your heart,
8:56 am
is that true? says here that cheerios has whole grain oats that can help remove some cholesterol, and that's heart healthy. ♪ [ dad ] jan? vietnam in 1972. [ all ] fort benning, georgia in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. the day building a play set begins with a surprise twinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪
8:58 am
8:59 am
when weiner decided to refer to george mcdonald as grandpa. take a listen. >> grandpa. >> okay. >> did you hear that? grandpa, oh, okay. this has been a total circus. we've had the madame that he's up against in another race arrested for pushing pills. we had elliot spitzer who has enter that race. forgive me when i roll my eyes if there's another anthony weiner story. there's so much more i could add but i'm not going to. live pictures of the mayflower. if you thought it couldn't weather another couple of
9:00 am
hundred years, it couldn't. it's the mayflower two. it's being brought back to its harbor because it was under some repairs. it had a bad time and needed to be repaired at the fair haven shipyard. the hole in the rudder was a bit of a mess. there's a big celebration when it gets to plymouth plantation. it's going to the state pier. there you go. the replica identical as well including the tar that was used to build it. thanks so much for watching. "around the world" starts next. a massive fire shutting down an airport in kenya. one of the most lethal strands of bird
162 Views
IN COLLECTIONS
CNN (San Francisco) Television Archive Television Archive News Search Service The Chin Grimes TV News ArchiveUploaded by TV Archive on